Office Use Only Received On: By:

Transcription

1 Office Use Only Received On: By: Coach/Instructor Independent Contractor Agreement Each Club Sport team that has a Coach/Instructor must have all individuals employed by your club sign this form. Name: Address: SS#: Phone: Club Team: Needed SS for coaching payments 1. Relationship of Parties: As a Coach/Instructor contracted through the Club Sport team (hereinafter, Club Sport Team ) I understand that my relationship with the Club Sports Team and Santa Clara University ( SCU ) is solely that of independent contractor. I understand and acknowledge that I am not an employee, partner, agent, servant, volunteer, or principal of Club Sports Team or Santa Clara University and understand and acknowledge that I am not entitled to any of the rights or benefits afforded to Santa Clara University employees. I understand that I am responsible for direct payment of any federal or state taxes on the compensation paid under this Agreement, as well as for any such payments with respect to my employees or subcontractor. I further understand that as an independent contractor I am not authorized to bind Santa Clara University or make any representations on its behalf in any matter. Nothing in this Agreement shall be construed or interpreted as creating an employment relationship between the University and the Coach/Instructor. Coach/Instructor is responsible for supplying all tools, equipment, and materials necessary for the successful completion of the Services. Coach/Instructor shall take all necessary precautions to store all materials and equipment in a safe and appropriate manner. Coach/Instructor agrees and acknowledges that s/he is solely responsible for determining the method and means by which Coach/Instructor will perform the Services and otherwise fulfill Coach/Instructor s obligations in accordance with this Agreement. Coach/Instructor further agrees that he/she will be solely responsible for the professional performance of the Services except as may be specifically set forth in this Agreement. Coach/Instructor represents that he/she has the necessary qualifications, skills, licenses, and ability to perform the Services hereunder in a competent, professional manner without the advice or direction of SCU. Failure to perform all of the Services required under this Agreement constitutes a material breach of this Agreement. Coach/Instructor is free to hire, supervise, and pay assistants to aide in the performance of the Services so long as they abide by the terms of this Agreement and submit all required waivers and certifications. All persons engaged in any of the work or Services performed pursuant to this Agreement shall at all times, and in all places, be subject to Coach/Instructor s sole direction, supervision, and control. Coach/Instructor shall exercise control over the means and manner in which it and its employees perform the Services, and in all respects the Coach/Instructor s relationship and the relationship of its employees to SCU shall be that of an independent Coach/Instructor and not as employees or agents of SCU. Coach/Instructor warrants and represents that all of his/her employees are treated equally during employment without regard to race, color, religion, physical handicap, sex, age, or nationality. 2. Term of the Agreement: I understand that the term of my position is from to. Any agreement renewal is contingent upon approval from the Club Sports Staff and the Club s Membership. I understand that there is no automatic renewal of this Agreement.

2 3. Services: Subject to the terms and conditions of this Agreement, Coach/Instructor agrees to act as coach or instructor to the Club Sports Team for the above noted Agreement Term. 4. Compensation: In compensation for the services to be provided as described in section 3 above, Club Sports Team shall pay Coach/Instructor the below listed amounts on or around the dates specified. I understand that payments are not automatically generated based on this Agreement and are dependent upon funding available in the Club Sport team budget. Should the Club Sport team not have funds available upon scheduled payment due date, I agree that payment will be delayed until funds become available. I understand and agree that I shall be solely responsible for any taxes due as a result of the payment pursuant to Section 4 of this Agreement. I will defend and indemnify the University from and against any and all losses or liabilities arising out of my failure to pay taxes due with respect to any such payments. I further agree that SCU may withhold from payment to Coach/Instructor any amount which SCU determines, in its sole discretion, is required to be withheld by applicable law. a. Payment 1: to be paid: b. Payment 2: to be paid: c. Payment 3: to be paid: d. Payment 4: to be paid: e. Payment 5: to be paid: f. Payment 6: to be paid: Payment schedule stipulations: 5. Non-Exclusive: SCU does not agree to utilize the Services of Coach/Instructor exclusively; nor does SCU agree to provide any minimum amount of work. Nothing in this Agreement prohibits the University from working and contracting with other Coach/Instructors. Likewise, Coach/Instructor is free to contract for similar services to be performed for others during the term of this Agreement. Coach/Instructor agrees that such other services shall not impair, impede, or conflict in any way with the Services Coach/Instructor agrees to provide under this Agreement. Coach/Instructor may not subcontract in SCU s name for Services Coach/Instructor agrees to provide under this Agreement or for any other purpose. 6. Indemnification and Insurance: Coach/Instructor shall indemnify, defend, and hold harmless, SCU and its officers, trustees, employees, and/or agents, from and against any and all claims, demands, suits, loss, damage, injury, and liability, including costs, expenses, and reasonable attorney s fees arising from a breach of, or in any way connected with, any of Coach/Instructor s representations and warranties herein, or resulting from the acts or omissions of Coach/Instructor, Coach/Instructor s agents, or subcontractors during Coach/Instructor s performance under this Agreement, or from the death or injury of any person or persons, including employees of SCU, or from the damage or destruction of any work or properties attributable to or resulting from Coach/Instructor s performance of the Services. Coach/Instructor represents and warrants that s/he is self-insured or has insurance coverage necessary for any and all services s/he is providing under this contract. For any claims related to this project, the Coach/Instructor s self-insurance or insurance coverage shall be primary as respects Santa Clara University, its Trustees, officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by Santa Clara University, its officers, officials, employees, or volunteers shall be in excess of the Coach/Instructor s insurance and shall not contribute with it. This shall not in any way limit liabilities or requirements of indemnity assumed by Coach/Instructor under this Agreement. By signing below,

3 Coach/Instructor and Santa Clara University affirm that claims that may arise out of the duties described in the Agreement and completed under this Agreement will be self-insured by Coach/Instructor. 7. Not an SCU Representative. I understand that I do not represent the Campus Recreation Club Sport Program, the Department of Athletics and Recreation, or Santa Clara University and agree not to represent or hold myself out as a representative of any of the aforementioned organizations. I agree that I will not in any way use my independent Coach/Instructor position of Club Sports Team coach or instructor to engage in activities that are not specifically approved and sanctioned by the entities listed above. 8. Acknowledgments: As a Club Sports Team Coach/Instructor I agree to abide by all policies and procedures set forth by the Campus Recreation Club Sport Program, the Department of Athletics and Recreation, Santa Clara University, or the national governing organization and the league, including but not limited to the following: a) I will be responsible for making myself aware of all above policies as well as the policies found in the Club Sports Handbook; b) I understand and will adhere to the concept that Club Sports are student led and student run, and any suggestion that I have for the Club must be approved by the elected student leadership group. I further understand that all financial matters pertaining to the Club will be the sole responsibility of the elected leadership group, and I will refrain from any decision making in this area. c) I agree to provide current Adult CPR/AED/First Aid certifications before I begin working with the Club Sport team or will obtain the certifications needed within 30 days of signing this Agreement. Classes may be taken through Campus Recreation or through other certifying organizations. I understand that Club Sport team funds may be used to reimburse for the class if approved by Club Officers. d) I will refrain from making appointments with the Athletic Director, Director of Recreation, or any other person to discuss club business without first informing the Club Sports Office Staff. e) I will agree to attend all mandatory meetings set by the Club Sport Program for the duration of my contract. These meetings will be scheduled on a need basis. f) I agree to complete the coach/instructor/volunteer training. g) I have read and understand the responsibilities set forth in the coach/instructor/volunteer handbook and will complete the quiz. h) I agree to hold myself to the standards of sportsmanship required by the Department of Athletics and Recreation in regards to all opposing players, coaches, league administrators, and officials. i) I agree to show respect for Santa Clara University facilities and any other host facilities used for Club Sport activities. j) I will serve as a role model for appropriate and professional behavior while representing the Club Sport team on and off campus. k) I understand and agree that I will not engage in or sanction any form of physical, mental, or emotional hazing of my players, consistent with the guidelines and standards set by Club Sports Team and Santa Clara University. l) I understand that if I coach athletes under the age of 18, I am mandated to report to any instance of actual or suspected child abuse or neglect under California's Child Abuse and Neglect Reporting Act. Information on reporting actual or suspected child abuse or neglect is attached hereto as Attachment A. m) I understand that I am immediately required to report any sexual or gender-based misconduct involving any athletes to Campus Safety and the Office of Student Life. n) I understand that during Club Sport travel I am required to supervise the Club Sport team and enforce all policies and procedures set forth by SCU, the Department of Athletics and Recreation, the Club Sports Handbook, and the SCU Student Handbook, the national governing organization and the league. I am to supervise the Club from scheduled departure from campus until the Club has returned to the SCU campus at the conclusion of an event.

4 9. Drug and Alcohol Free: I understand that team members, including Coaches/Instructors and volunteers, are required to be drug and alcohol free while representing the Club Sports Program and I will uphold this policy during my contact with the team. 10. Arbitration: Any and all disputes, claims or controversies arising out of or relating in any way to this Agreement, its performance or breach, including, without limitation, the validity, scope and enforceability of this Agreement to arbitrate, shall be resolved exclusively by final and binding arbitration. Both Coach/Instructor and the University expressly waive any right he/she and it may have to seek redress in any other forum. Any arbitration shall be conducted in accordance with the Rules of JAMS then in effect, notwithstanding anything to the contrary in the Rules of JAMS (or if said rules are not in effect, then in accordance with the rules set forth in Title 9 of the California Code of Civil Procedure, beginning with section 1280 et seq.), the arbitration shall at least provide (i) for written discovery and depositions adequate to give the parties access to documents and witnesses that are essential to the dispute, and (ii) for a written decision by the arbitrator that includes essential findings and conclusions upon which the decision is based. A copy of the JAMS Comprehensive Arbitration Rules and Procedures is available online at Rules/JAMS_comprehensive_arbitration_rules-2010.pdf. Coach/Instructor acknowledges that he/she has reviewed the JAMS Comprehensive Arbitration Rules and Procedures prior to execution of this Agreement. The arbitrator selected shall have full authority to grant the parties all remedies available under this Agreement, as well as all statutorily available remedies. Absent agreement by the parties on an arbitrator, the arbitrator will be selected by JAMS. If for any reason JAMS is unable to select an arbitrator, then the Presiding Judge of the Superior Court of California, Santa Clara County shall select an arbitrator. Any award rendered shall be final, binding, and conclusive upon the parties and may be entered in any state or federal court having jurisdiction, subject to the judicial review required by California law. This agreement to arbitrate disputes, claims, and controversies does not prohibit or limit either party s right to seek equitable relief from a court, including but not limited to injunctive relief, pending the resolution of the dispute by arbitration. This agreement to arbitrate is freely negotiated between Coach/Instructor and the University and is mutually entered into between the parties. In consideration of each party s agreement to submit to arbitration all disputes with regard to this Agreement as provided in this Section 10, each party agrees that the arbitration provisions hereof shall provide the exclusive remedy (save and except with respect to the equitable relief referenced herein) and EACH PARTY FULLY UNDERSTANDS AND AGREES THAT THEY ARE GIVING UP CERTAIN RIGHTS OTHERWISE AFFORDED TO THEM BY CIVIL COURT ACTIONS, INCLUDING BUT NOT LIMITED TO THE RIGHT TO A JURY TRIAL. 11. Invalid Provision: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. 12. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to its conflict of laws provisions. 13. Entire Agreement: This Agreement and any Attachments now or hereafter attached, if executed by both parties, supersedes any and all agreement, either oral or written, between the parties with respect to the rendering of Services by Coach/Instructor for SCU and contains all of the representations, covenants, and agreements between the parties with respect to the rendering of those Services. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this Agreement, and that no other agreement, statement, or promise not contained in this Agreement will

5 be valid or binding. This Agreement shall not be modified by Coach/Instructor except by a writing signed by SCU. 14. Termination of Agreement: As parties to this Agreement, the Director of Recreation/Assistant Director of Recreation, the Coach/Instructor and the Club Sport Team understand that either party may terminate this agreement at any time for any reason upon 48 hours written notice. 15. Signatory Authority: This Agreement will only be considered executed by and binding on Santa Clara University when signed by 1) a University department representative who is an authorized signatory of the University and 2) General Counsel, Assistant General Counsel, or HR Employment Counsel. Independent Contractor Club Sport President Office Use Only Logged on Coach/Instructor/Volunteer Contact: on by SANTA CLARA UNIVERSITY Department Authorized Signatory Signature Printed name Title Legal Signature Printed Name Title [Please attach copies of coaching resume, current coaching certifications, athletic training certifications, Adult CPR/AED and First Aid certifications, or other certifications you may hold for this position]

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